How to Use This Checklist
Click each checkbox to mark items as complete. Your progress is automatically saved to your browser. Use this checklist to:
✅ Three Ways to Use This Tool
1. Draft new hot desk licenses: Ensure you don't miss any essential UK property and employment law requirements
2. Review existing licenses: Audit your current hot desk agreement against all 42 compliance points
3. Prepare for coworking setup: Verify your license is legally compliant before offering hot desks
⚠️ Why License vs Tenancy Matters
🏢 License Not Tenancy: A hot desk agreement must be structured as a license, NOT a tenancy. This is crucial because tenancies grant exclusive possession and statutory protection under the Landlord and Tenant Act 1954, which is inappropriate for flexible workspace.
⚖️ No Exclusive Possession: The agreement must make clear the licensee has NO exclusive possession. The licensor retains control and can move the licensee to alternative workspace. This prevents statutory tenancy rights accruing.
🎯 Essential Elements: Non-exclusive use, no fixed desk assignment, licensor control, concurrent use by others, no security of tenure, terminable on short notice.
💼 Common Failures: Granting exclusive possession of specific desk, long fixed terms, not reserving right to relocate, limiting licensor access, creating tenancy by mistake
⚠️ Understanding Importance Levels
🔴 Critical: Must have - legal requirement or creates serious liability risk if omitted
🟡 Important: Should have - recommended for legal compliance and reducing risk
🔵 Recommended: Best practice - enhances clarity and demonstrates professional approach
Agreement Date
Date when the agreement is executed. Establishes when contractual obligations commence. Important for calculating notice periods and termination dates.
🔴 Critical
Licensor Details
Full legal name of workspace provider, company number (if applicable), and registered address. Establishes who is granting the license and their legal capacity to do so.
🔴 Critical
Licensee Details
Full name and address of the person or business taking the hot desk license. Individual or company name must be accurate for legal enforceability.
🔴 Critical
Licensed Premises Address
Full address of the coworking space or building where hot desks are located. Must be specific enough to identify the location but not so specific as to create exclusive possession of a particular desk.
🔴 Critical
Commencement Date
Date when the license starts and licensee can begin using the workspace. May be same as agreement date or later. Establishes when payment obligations and access rights begin.
🔴 Critical
⚠️ This is THE Most Critical Section
The license grant and no exclusive possession clauses are what distinguish this from a tenancy. Getting this wrong can accidentally create statutory tenancy rights under Landlord and Tenant Act 1954, giving licensee security of tenure and making them very difficult to remove. These clauses must be crystal clear.
Non-Exclusive License Grant
States this is a LICENSE (not tenancy/lease) granting NON-EXCLUSIVE use of workspace. Must explicitly state this is not a tenancy and does not grant exclusive possession. This is THE key distinction.
🔴 Critical
Workspace Description
Describes type of workspace: hot desk (unallocated), dedicated desk, or flexible desk. Should NOT identify specific desk by number/location as this creates exclusive possession. State "hot desk workspace within the premises" not "Desk 5".
🔴 Critical
Licensor Control and Access Rights
Licensor retains control and can enter workspace at any time for any reasonable purpose. No requirement for notice or permission. This demonstrates lack of exclusive possession.
🔴 Critical
Right to Relocate Licensee
Licensor reserves right to move licensee to alternative equivalent workspace on reasonable notice. This is crucial evidence that licensee has no exclusive possession of any particular desk or area.
🔴 Critical
Concurrent Use by Others
Licensor may permit other persons to use the premises concurrently. Workspace is shared. Multiple licensees may use same area. Further evidence of non-exclusive occupation.
🔴 Critical
Term Duration
State the term type: monthly rolling, fixed term (3/6/12 months), or day/week passes. License agreements typically short-term and terminable on notice. Avoid terms longer than 12 months without break clauses.
🟡 Important
License Fee Amount
State the license fee (not "rent") amount clearly: £X per day/week/month. Use "License Fee" terminology not "rent" to reinforce this is not a tenancy. State if VAT applicable.
🔴 Critical
Payment Frequency and Due Date
When is payment due: advance monthly, weekly, daily? State specific due date (e.g., 1st of month). Advance payment is standard for licenses. Include grace period if any.
🔴 Critical
Payment Method
How must payment be made: bank transfer, direct debit, credit card, cash? Provide bank details or payment portal information. Automated payment methods reduce admin.
🟡 Important
Deposit Amount and Terms
If deposit required, state amount (typically 1 month's fee) and that it's held as security for obligations. Include return terms: returned within 14 days of termination less lawful deductions. Deposit protects against damage or unpaid fees.
🟡 Important
Late Payment Consequences
What happens if fee not paid on time: interest charges (4% above base rate is standard), suspension of access, termination rights. Must be proportionate. Include notice period before enforcement.
🟡 Important
⚡
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Access Hours
State when licensee can access premises: 24/7, business hours only (9am-6pm Mon-Fri), extended hours (7am-10pm). Clear hours prevent disputes. Include if weekend/holiday access included.
🔴 Critical
Bank Holidays and Closures
Specify if premises closed on bank holidays or specific dates. State if fees adjusted for closure days or charged regardless. Clarity prevents expectations gap.
🔵 Recommended
Access Credentials
Licensee provided with key fob, access code, or key. Remains licensor's property and must be returned on termination. Replacement charges if lost. Unauthorised copying prohibited.
🟡 Important
Suspension of Access Rights
Licensor can suspend access for: maintenance, repairs, emergencies, or if licensee in breach (e.g., non-payment). Reasonable notice given except emergencies. Protects licensor's interests.
🟡 Important
Internet and WiFi Access
WiFi provided as part of license. State network name/password provision. No guarantee of specific speed but reasonable endeavours for reliable service. Licensee responsible for own cyber security.
🟡 Important
Shared Facilities
List what's included: kitchen/break area, meeting rooms (if bookable), toilets, printing facilities, phone booths. State if meeting rooms require advance booking and any additional charges.
🟡 Important
Utilities and Services
Electricity, heating, lighting, water included in fee. Cleaning of common areas provided. Air conditioning if applicable. Specify service standards.
🔵 Recommended
Disclaimer of Service Availability
Licensor uses reasonable endeavours to maintain facilities but doesn't guarantee continuous availability. Not liable for service interruptions, internet outages, or equipment failures. Manages licensee expectations.
🟡 Important
Right to Modify Facilities
Licensor reserves right to modify, suspend, or withdraw facilities on reasonable notice, provided core workspace provision continues. Allows flexibility for licensor to adapt offering.
🔵 Recommended
Permitted Use
Workspace for licensee's business/professional use only. Not for residential use, illegal activities, or storage. State if specific business types prohibited (e.g., no retail, no food preparation). Protects premises and other users.
🔴 Critical
Conduct and Behaviour Standards
Licensee must: not cause nuisance to others, keep noise to reasonable levels, respect shared workspace, maintain professional environment. No harassment, discrimination, or offensive behaviour. Community rules.
🟡 Important
Care of Premises and Equipment
Licensee must take reasonable care of premises, furniture, and equipment. Report damage or maintenance issues promptly. Leave workspace clean and tidy at end of each day. Liable for damage caused by negligence.
🟡 Important
No Alterations or Signage
Licensee must not make alterations, affix signs, or make permanent changes without prior written consent. Workspace returned in original condition on termination. Protects property.
🟡 Important
No Assignment or Subletting
License is personal to licensee and cannot be transferred, assigned, or sublet without licensor's prior written consent. Maintains licensor control over who uses premises.
🔴 Critical
Licensor's Insurance
Licensor maintains appropriate insurance for building and common areas including public liability. Covers licensor's legal obligations but not licensee's property or business operations.
🟡 Important
Licensee's Insurance Requirement
Licensee must obtain and maintain: professional indemnity insurance (if applicable), public liability insurance (£X million minimum), contents insurance for own property. Provide proof on request. Protects both parties.
🟡 Important
Limitation of Licensor Liability
Licensor not liable for: loss/theft/damage to licensee's property, business interruption, internet outages, indirect/consequential losses. Licensee uses premises at own risk for personal property. Cannot exclude liability for death/personal injury or fraud.
🔴 Critical
Indemnity Clause
Licensee indemnifies licensor against claims, losses, damages arising from: licensee's use of premises, licensee's breach of agreement, licensee's negligence, third-party claims related to licensee's business activities. Protects licensor.
🟡 Important
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UK GDPR Compliance
Both parties comply with UK GDPR and Data Protection Act 2018 regarding personal data. State purpose of data processing (contract performance), data subject rights, retention periods. Essential for legal compliance.
🔴 Critical
Licensee's Data Security Obligations
Licensee must: secure own devices and data, not access others' data or networks, report data breaches promptly, comply with licensor's IT security policies. Shared workspace creates data security risks.
🟡 Important
Confidentiality of Licensor Information
Licensee keeps confidential any proprietary information about licensor's business, other licensees, or premises learned during license. Protects business information and other users' privacy.
🔵 Recommended
Notice Period by Either Party
Either party may terminate on notice: typically 1 month for licensee, 1-3 months for licensor (or equal). Short notice reflects license nature. Longer notice by licensor may be fairer. Notice must be in writing.
🔴 Critical
Immediate Termination Rights
Licensor may terminate immediately if: non-payment (7+ days late), material breach unremedied after 14 days notice, insolvency, serious misconduct/nuisance, health & safety risk. Protects licensor's interests and other users.
🔴 Critical
Obligations on Termination
On termination, licensee must: vacate immediately, remove all belongings, return access credentials, pay outstanding fees, leave workspace clean. Clear end-of-license requirements prevent disputes.
🟡 Important
Abandoned Property
Licensor may dispose of property left after 14 days from termination. Not liable for loss or damage to abandoned property. Prevents premises being used as storage after license ends.
🔵 Recommended
Deposit Return
Deposit returned within 14 days of termination less lawful deductions for: unpaid fees, damage beyond wear and tear, cleaning costs, unreturned access credentials. Itemised statement of deductions provided.
🟡 Important
Entire Agreement Clause
This agreement constitutes entire agreement and supersedes all prior discussions. Prevents claims based on pre-contract representations. Any variations must be in writing signed by both parties.
🔴 Critical
Governing Law and Jurisdiction
Agreement governed by English law (or Scottish/Northern Irish law if applicable). Parties submit to exclusive jurisdiction of English courts. Essential for dispute resolution.
🔴 Critical
Force Majeure
Neither party liable for failure to perform due to circumstances beyond reasonable control: pandemic, flood, fire, power failure, government restrictions. If continues 30+ days, either party may terminate. Protects both parties from impossible obligations.
🔵 Recommended
Notices
Any notice in writing to addresses in agreement (or notified address). Served by: hand (on delivery), email (on transmission), post (2 business days after posting). Standard notice provisions.
🟡 Important
Severability
If any provision held invalid or unenforceable, remaining provisions continue in full force. Protects agreement from being invalidated by single problematic clause.
🔵 Recommended
⚡
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Next Steps
Now that you've reviewed the compliance checklist, you have three options:
✅ Use Our Ready-Made Template (Recommended)
Save hours of legal research and drafting. Our professionally-crafted hot desk license agreement covers all 42 compliance points with legally-sound wording. It includes proper license vs tenancy distinction, no exclusive possession clauses, flexible payment terms, and full GDPR compliance. Available in both Interview Mode (guided) and Editor Mode (direct editing) for just £10. Buy now to lock in this price forever.
📝 Draft Your Own Agreement
Use this checklist as your guide, but remember: getting the license vs tenancy distinction correct is absolutely critical. One mistake can accidentally create statutory tenancy rights making it very difficult to remove a problematic licensee. The no exclusive possession clauses must be precisely worded. A single error can expose you to serious legal liability.
⚖️ Book a Legal Consultation
For complex situations, large coworking spaces, or high-value premises, consider booking a consultation with our legal professionals for personalized advice tailored to your specific circumstances.
Need personalized legal advice? Book a consultation →